Sail-World.com : Great Oranges, but Don't leave your Yacht there!
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Great Oranges, but Don't leave your Yacht there! |
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'They make a great orange'
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They make a great orange, hold a pretty good Americas Cup, produce Popes and Kings and the weather is superb, but - don't leave your boat in Valencia! The port city on Spain's Mediterranean coast is turning on its foreign boat owners and suddenly confiscating their boats, demanding a massive tax that is enforced nowhere else in the EU.
At the Marina International in Torrevieja, one of several ports on the Mediterranean coast to be targeted in recent months, a dozen Britons have had their vessels impounded and countless others have fled to avoid the risk of losing their boats.
But now the British boat owners are fighting back. The mostly retired foreigners with moorings in Spain are preparing to take legal action against regional authorities after being forced to pay tax on their yachts and register them under a Spanish flag or risk losing their vessels.
 | The vanished retirement dream - sailing from Valencia - .. . |
The regional government of Valenica is clamping down on foreigners who reside in marinas across its southeastern coastline and are demanding payment of up to 12 per cent of the value of the boat under a law that is not enforced across the rest of Spain or the European Union.
British sailors have complained about the 'heavy handed' tactics employed by authorities in the collection of the tax and claim that they are being driven away from the region.
One couple had been living on board their boat at the marina for almost two years when the Civil Guard arrived to impound the 33 foot Birchwood Cruiser.
'They were amazingly heavy handed,' explained Tony Maxted, 52, a retired engineer from Goole, North Yorkshire.
 | Is the Americas Cup (there again in 2009) going to the head? - .. . |
'We were just about to go out for a sail when a team of armed policemen turned up and told us we couldn't leave until we paid an import tax on the boat.'
After paying for assessors to value the boat Mr Maxted and his wife Janet, 50, were forced to pay 2,100 euros (£2000) only to be told it was just the first step in registering their boat 'Bigamist' as a Spanish vessel.
'Then we learnt we had to pay to have it formally registered, another 3,500 euros, and then take Spanish exams in order to be licensed to skipper it.'
Without a decent command of the Spanish language passing the exam would be impossible, he added, and they would be forced to leave.
He insists there has been no official guidance from authorities. 'Other people in similar circumstances to ours have been told they don't have to pay the so called tax or register their boats. Confusion reigns and it has created a very bad atmosphere.'
 | Peter the Great was born there, but don’t blame him. - .. . |
Peter Paulsen, the owner of Safety Yacht Service in the Marina International said the situation was creating a climate of fear among boat owners and causing many of them to leave.
'Business is already bad here but if they carry on doing this they will drive all the people away to friendlier ports.'
Oscar Villar, the port Captain in Torrevieja said the tax was valid under the 38/1992 law governing importation of transportation means but admitted that it had not been enforced until this year.
'The central government in Madrid handed out the right to impose this tax to the regional governments and now they are very active in levying it,' he explained although so far Valencia is the only autonomous region in Spain to demand payment.
One British man from Stafford said those who had not yet paid the tax were willing to fight it through the courts if necessary. 'We are joining forces and are preparing a legal defence and we will take it all the way to the European Court of Human Rights if we have to,' he said adding that he wished to remain anonymous to avoid being targeted next.
'It's a constant worry that the next boat to be impounded will be ours. If that was the case we would be forced to abandon it and return to England as we have no spare cash at all,' he admitted.
'Nobody wants their retirement dream to end that way,' he said.
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Letter from reader:
Sender: john corner
Message: Yes, your reader is correct, in that tax of 12% is due and payable on boats owned by residents of spain...a navigational tax whilst in Spanish waters.... also beware that Vat @ 16% will also be demanded...and payable or the yacht siezed.....if it is proved that the owners are indeed residents.......as far as obtaining the proper sailing licience, your reader should not be concearned too much as it is very similar and appears to be based on the RYA one... also many sailing courses are run by ex-pats.. and if not, most would have an english speaking tutor....
Sadly, I am currently in a leagal battle with the authorities over the above....
Yes I am resident in Spain, for some years, However I am also a resident of Australia and registered my yacht there as it was always my intention to sail her back to Aus.
Now,The story, briefly,purchased the yacht through a Mates, yacht brokage,,,,to be delivered to Dubai.....however she was built and launched in France, With export licience from Europe. So at the time the option of accepting her in France, was just too good to be refused,,,big mistake...
A group of mates joined me to sail her away.... course. Spain as some of them are Spainish..Storm near to Mallorca, forced a stop-over,,,Crew feeling somewhat queasy, jumped ship...left alone , and seeking assistance to continue...Some three weeks later, I was ready, slipped all shore lines except the last one....and who should appear, yes, your friendly Guardia Civil .Another Big mistake spoke Spanish to him and was invited spend a few hours in his office....I was amazed that he allowed me to leave with the Yacht....She is currently no where near Spain...I with my Lawyer are fighting the case,
The point is that as the Yacht is not in Spain no 12% tax is payable,,,However the customs are requesting the 16% vat....and have confiscated my properties, until the matter is resolved. which they tell me will be next summer....got over the tears, but still confused and a little upset!!!! all the best and many thanks for kepping me in touch with sailing.. John
by Fiona Govan, Telegraph/Sail-World Cruising
7:48 PM Tue 6 Jan 2009 GMT
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